There was a fellow on the news yesterday as one of two opposing guest commentators discussing what to do with DACA people (we can't always say "kids", but I probably will here somewhere). Those, of course, are young children brought into the USA by their parents illegally, but who have grown up here and have become American by default.
Something the "legalize them" guy said appalled me. In the course of what might have itself been a specious argument, about how deporting them would be expensive and keeping them would increase GDP, he ended by saying that we should "legalize them and their families", and that would be wonderful for the country and show we are a nation of "grace."
I looked up at the screen when I heard "... and their families."
"Hold on there, Hoss", I yelled silently. "What do their families have to do with this?"
And I am quite right. Let us start with the notion that, despite my headline, the children who are subject to DACA have no rights under the Constitution; they are not citizens but people on an imminently-expiring grant to avoid deportation. By the grace of the government of the United States, they are not being deported, along with their families, as they should be, right now.
So having dispensed with the notion of "rights", let's get to the point. We are a compassionate nation, at least to a point. We recognize that young children brought here not of their own volition, but who have grown up here, may have no right to be here but deporting them would not feel right, and we really don't want to do that. They are "innocent", at least in our eyes, of illegality regarding immigration.
But they are still here illegally. Worse, their parents, who brought them here, willfully violated USA immigration law and are criminals. So they, my friends, are in a different situation.
We are going to have a difficult time being compassionate to the children but mindful of the violation of Federal law. So I absolutely oppose any treatment of DACA kids (OK, I said it) that treats the parents the same as their children. When the guy on TV added "... and their families", I would have argued right there and then.
I am fine with a path to legality and subsequent citizenship for those brought here prior to age 16. I would insist on the same passing of tests, fluency in English and the like that we should require of legal immigrants, and a place at the end of the existing line, and granting legality of residence in some newly-created status. But I'm OK with a program by which they can continue their lives as long as they complete all the citizenship tests within five years (and are to be deported if they're not citizens by then).
I am totally opposed to the same treatment for their criminal families. I do not care (for this discussion) about their circumstances prior to leaving their countries; we have immigration law that covers asylum and they chose not to pursue residence that way. So they are intentional criminals.
So how do we treat the families of those DACA children? Well, they too need a path to legal residence, but it must take into account the fact that they entered the USA illegally, put their children in harm's way by doing so, and have a criminal status. We are OK with them pursuing permanent residence and citizenship, but certainly not by just handing over the keys to the nation.
It is clicking with me that I did a piece on this in the past (I did, apparently, here). My requirements and rules for those adult family members to stay would be as follows, and violation or non-compliance would lead to immediate deportation:
1) They have to register at the border, meaning that they have to return to their home country, come back through Customs and sign up with a CBP agent, the only way to enter the "adults" program. Six months after this passes, those not yet registered are to be deported.
2) This DACA Families program is totally separate from the DACA program and every other immigration program, with its own rules.
3) To stay, you must have a job. You cannot receive public assistance payments or food stamps, nor unemployment insurance, although your children may attend public schools and receive Federally-guaranteed college loans. This is not meant to be easy, but if you live like legal, wage-earning Americans, it won't be hard. And you will not be subject to Federal minimum-wage laws, so that you can more easily find work that allows you to meet this standard.
4) You must stay clean. You will be subject to periodic drug tests until citizenship, and if you are convicted of any felony and certain misdemeanors, your time in the program ends and you will be summarily deported. If you then enter the USA illegally, you will be subject to a minimum ten-year sentence in Federal prison.
5) You may drive, but the law will direct that the States issue drivers licenses with a special, universal and prominent indication (like a fat red diagonal stripe) that the driver is in the DACA Families program. If a State fails to comply with this requirement (or #2 above), it will be subject to loss of Federal funds to its state universities.
6) You must show solid proficiency in English within three years of entry in the program (and if you fail the test, you have six months to retake it and pass or be deported). And you must pass a basic citizenship test recognizing our nation's history, government and Constitution. Of course, since they've already be living here, English and civics ought to be a snap, right?
7) You have five years to pass all the requirements for citizenship, or you are subject to deportation.
If you love your kids, and want them to stay and you to stay with them, all that is not that hard. Considering you broke the law and have no rights, it seems a small price to pay to stay.
But you sure as heck don't get grandfathered in with any new DACA law.
Copyright 2017 by Robert Sutton
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